I was served a writ of garnishment. What do I do now? (Claim of Exemption)
If you are contesting a writ of garnishment, you may complete a Claim of Exemption and Request for Hearing form.
The form may have been included with the documentation you were served with or may be obtained from our website at www.okaloosaclerk.com. Follow the small claims link and the form is located at the bottom of the page. This form may be filed in person, by mail, or online through E-File. Please review all instructions before filing a Claim of Exemption as this filing must occur within 20 days of receipt of the original documentation and a copy must also be sent to the opposing attorney and your employer.
Once you have filed the Claim of Exemption, the Plaintiff will have a specific amount of days to respond or object depending on the type of service you indicate on the form. (Mail or Hand Delivery).
If no objection is timely filed, the clerk may be authorized to dissolve the writ of garnishment. Under certain circumstances, you may have to file a request for the Judge to dissolve the writ of garnishment.
There are no fees associated with filing this pleading.
Additionally, if your employer would like to complete an answer in regard to the writ of garnishment, the Okaloosa County Clerk of Court does not have any template forms for their use in regard to this purpose.